St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-26

the circumstances. The Judge ruled that
tile question was immateriai.
| Senator Davis moved that all OF the testi-
mony of Mr.. Thompson. regarding the dy-
ing declaration of Farnsworth, be stricken
! out, as the law required that the declara-
tion ofa dying person must be produced in
writing before it could be made evidence.
Inc objection was Overulled and the coun-
sci TOOK an exception.
Continuing on the cross examination,
thompson said:
| Farnsworth said nothing to me about his
| splitting in Meads face. He had finished
| ABOUT half his dying declaration when he
broke down and / had to ask him questions.
| asked him because he sank and became
dreamy.
Senator Davis moved to strike out all that
Mr.. Thompson had said that Mr.. Farms
| worth had told him, on the ground that at
the time Mr.. Farnsworth was not In men-
tai and physical condition to make re-
sponsible deposition. The motion was
overruled and an exception was taken.
Senator Davis moved that he be allowed
to examine DR.. Hoyt regarding Farms
worth's dying statement, as he had taken
notes, was present in the court room ana
mad the notes with him. The state objected
to this, and the court sustained the Objec-
ton, to which ruling the state took eXcep
ton.
Henry W. Ewing of st. Louis, who was
at the Merchants on the night of the shoot
ing. was called. He said:
| / stood leaning up against post IN the
| Merchants rotunda talking with a friend,
| when Mead pulled revolver, and hourishing
| II IN the air, drew it down leisurely and lt was
discharged. When Mead f1OurShed the pistol.
! Farnsworth sprung aside and attempted to
| grasp Meads arm. The pistol was discharged,
and Farnsworth claspng his stomach. cried:
| my God, my wife and my children. IN shot
! in the belly" Farnswortn and Mead were
! about four feet apart when the shot was
| fired.
Ewing was discharged without cross-eX-
animation
At this point Attorney Mum stated that
the state wished to Withdraw their objec-
ton to the defense examining DIR. Hoyt.
Senator Davis said the defense stood Oh
the ground they had taken and would not
withdraw the exceptions they had taken.
DR.. Hoyt was called to the stand by the
defense for the purpose of finding out that
he had notes of Farnsworths dying declar-
alton with him. The doctor stated that he
had these notes.
The state wanted to examine DR.. Hoyt
and have him refresh his memory from the
notes.
The defense objected to that and moved
out, as DR.. Hoyt had the only written dying
declaration of the deceased i'll writing. The
| court Overruled the motion, OH the ground
that it was not a DYING declatiOn as it was
not written in full. An exception was
| taken.
DR.. Hoyt gave the following as the dying
| declaration of FarnSWOrth:
| scame back from the billiard hall and met
| Meade in the rotunda of the Merchants. He
| called me a s. of b.. / said nothing. He
| called me thief. / said nothing. He drew
| pistol, caught his arm and tried to thrust
| il aside, when the pistol was discharged and
| was shot. / believe am on my dying bed,
and what have told is the truth.
DR.. Hoyt testified that Farnsworth said
nothing to him about his splitting in Mead'S
| face.
The defense here made the same motion
that they made before regarding the teSt-
mOny of MI. Thompson. and it was over
ruled.
Officer Pendy. who arrested Mead on the
night of the shooting, testified to making
the arrest: exhibited the revolver which was
handed to him as the weapon with which
the shooting was done. 1t was Smith 81
| WeSSon. 3S-calibre double action. One of
the cartridges was empty
DE-. Hoyt was recalled, and corrorborated
the statement OF DR.. Murphy regarding the
angle of the shot as indicated by the shape
of the bullet hole. Mr.. Erwin took the re-
volver and, together with Dr. HOyt, gave
an exhibition of the probable position of
the two men when the pistol was dis
charged. The doctor stated that in his
opinion FarnSwOrth was in STOPPING pos
ture when the bullet struck him.
Coroner Quinn was next called. and
showed the bullet with which the life of
| hrn, rl,f f%,
alton, and testified that Farnsworth proba-
bly, weighed $50 pounds. and was well de-
| veiOped, full of muscle. Warren had testi-
fed in the morning that Farnsworth, in his
opinion. weighed about $50 pounds, and
was not an unusually large man. The
clothes worn by the deceased at the time of
the shooting were produced, but were not
placed in evidence, Judge Egan claiming
that it would look too much as though it
was done for effect.
ERWIN'S REMARKS.
At this point the state rested. and Mr..
Erwin took the floor and opened for the
defense in substance as follows:
| We brought the jury system from En-
gland. but we put in the jury box different
men than those put in by the English. The
peers in this country are the sovereigns and
the peers in England are the government.
The prisoner is presumed to be innocent until
he is proven guilty. Now a man has been
killed. Did he shoot himself, or was it an ac-
cident? Was he killed by man on equal
footing as citizen. and if so what was the
| provocatiOn? These are the questions that you
must decide, and there is no power here that
can interfere with your verdict. 1t is not SO
across the water. There is here no want. NO
ignorance, no tyranny to breed crime and it
is not an eXaggeration to say that half the
homicideS in this country are crimes. Crime
| IN Sf IN in ant
No man can commit q crime accidentally. So
far as this case is concerned. you have re-
ceived no evidence that Frank Mead had pre-
determined to kill Frank Farnsworth. The
state will undoubtedly claim that premedita-
ton and intentional killing has been proven,
but to claim it is one thing and to prove 1t is
another. In no event can verdict Of muir
der in the third degree be returned in this
case. 1t is written down that homicide is ex-
cusable when committed by accident or mis-
fortune. If I attack one Of you gen
tlemen and you defend yourself in a
lawful way. without any malice towards me; if
you are actuated by a feeling of self defense
| then, if in that case by accident | am killed.
you are excused. Frank Farnsworth is dead,
and we claim he would not be dead if he had
not
| ATTACKED MEAD
, in the barroom of the Merchants hotel We
claim that they have not proved and cannot
prove any malignant design on the part of
Frank Mead to kill Farnsworth or to hurt
him. We will show you in place Of SUPPOSE
ton and presumption that the killing was an
accident, occurring in melee when Mead
t was using the force that the law allows him
: to. During a melee provoked by the de-
! ceased, during which he made such meuacipp
demonstrations that the defendant was war
ranted In taking the action he did to protect
his body from injury. Gentlemen, you have
no idea what kind of 81 man Frank Mead is
physically. He is a man As years old, sol